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Health & Welfare Plans Newsletter

May 22, 2026

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[Guidance Overview]

Proposed Rule Would Bring Flexibility to Employer Fertility Benefits

"If finalized, the proposed rule would provide a compliant path for employers that desire to offer fertility benefits to their employees on a carve-out basis.... The Departments have expressly requested input on whether the rule should take immediate effect (rather than a January 1, 2027, effective date), the amount of the lifetime limit, whether the limit should instead be an annual limit, and other comments or data that may provide insight into potential fertility benefit plan design and utilization."  MORE >>

Foley & Lardner LLP

[Guidance Overview]

New Jersey Family Leave Act 2026 Amendments: What Small Businesses Must Do Before July 17

"If your New Jersey business has 15 or more employees, you will soon be required to provide job-protected family leave under state law. Effective July 17, 2026, the NJ Family Leave Act amendments lower the coverage threshold from 30 employees to 15 and dramatically reduce employee eligibility requirements.... This article outlines the key changes and explains what they mean for New Jersey employers, particularly small businesses entering the NJFLA's scope for the first time."  MORE >>

VitalLaw

[Guidance Overview]

Virginia Significantly Broadens Statewide Paid Sick Leave Requirements

"The new paid sick leave requirements go into effect on July 1, 2027 for employers with at least 50 employees, and then will be introduced in phases over the next 18 months. On January 1, 2029, all employers with at least one employee will be covered by the mandate. The newly enacted mandate reflects a significant expansion of the state's existing paid sick leave law ... The new mandate includes a broad definition of employee[.]"  MORE >>

Seyfarth Shaw

[Guidance Overview]

Minnesota Paid Family and Medical Leave: An Overview (PDF)

23 slides. "All employers, including state and local government employers, with one or more employees working in Minnesota. Employers with 30 or fewer Minnesota employees have a reduced contribution rate if certain conditions are met (and may qualify for a small employer assistance grant).... Initial contribution rate is 0.88% of wages; subject to change beginning in 2027, but cannot exceed 1.2%."  MORE >>

Mercer

District Court Enforces Mediated ERISA Settlement and Awards Unum Fees Incurred in Seeking Enforcement

"[The district court] granted Unum's motion to enforce a settlement agreement reached at mediation and awarded Unum its attorney fees incurred in pursuing enforcement. The decision is a sharp reminder that, at least in the Sixth Circuit, parties who say a case has 'settled' in filings with the court, and who behave for months as if it has, will be held to that representation even if a written release is never signed." [Williams v. Unum Life Ins. Co. of Am., No. 25-0061 (E.D. Tenn. May 19, 2026)]  MORE >>

Roberts Disability Law

$4.7 Million Wake-Up Call: Massachusetts’s First PFMLA Retaliation Verdict Puts Employers on Notice

"Under the federal FMLA, an employer needs only to articulate a legitimate, nondiscriminatory reason for the adverse action. By contrast, under the Massachusetts PFMLA, the employer must justify its decision by clear and convincing evidence. Employers should think twice (and then, think again) about whether the risk associated with a termination or any other adverse employment action within the six months following an employee’s PFMLA leave is worth the business decision behind it."  MORE >>

ArentFox Schiff LLP

Employment-Based Coverage Remains Dominant as Deductibles Become More Widespread (PDF)

"Employment-based health coverage remained the dominant source of health insurance for privately insured adults, with six in 10 receiving coverage through their own job. Coverage patterns have been largely stable, with about one-third enrolled in individual-only coverage and most others covering a spouse or partner.... More than three-quarters of enrollees had a deductible for medical care, including 70 percent of traditional plan enrollees. "  MORE >>

Employee Benefit Research Institute [EBRI]

Brokers Increasingly Recommending ICHRA to Employers

"56% of brokers are now recommending the program as an option. The number of brokers who said they moved at least one client to an ICHRA plan reached 37% in 2026, increasing from 15% in 2024."  MORE >>

FierceHealthcare

ICHRA vs. QSEHRA: Key Differences for Employers

"ICHRAs and QSEHRAs both allow employers to reimburse employees tax-free for individual health insurance premiums and qualifying medical expenses. Both are employer-funded (as HRAs are required to be), neither requires a traditional group health plan, and both share a common lineage in the broader HRA regulatory framework. But the similarities largely end there. The two arrangements differ materially in employer eligibility, contribution flexibility, employee coverage requirements, ACA interactions, and reporting obligations. These distinctions are important for employers to consider in evaluating either of these options."  MORE >>

HUB International

What Employers Are Missing About the Demand for Weight Loss Benefits

"​When adding coverage for weight and obesity care, consider how a long-term, adaptive model can deliver consistent clinical outcomes while maintaining financial predictability. For example, a framework that includes GLP-1 coverage for weight loss should be integrated with a broader, whole-person care model that combines medication with a proven behavioral and lifestyle program, clinical oversight and care coordination."  MORE >>

Forbes; subscription may be required

HHS Sec. Kennedy Dismisses Leaders of U.S. Preventive Services Task Force

"The terminations leave the panel with just eight sitting members. Five other members saw their terms expire at the start of this year, and Kennedy did not replace them, and the previous chair, Michael Silverstein, departed on his own ... The task force issued fewer recommendations than was typical last year and missed a deadline for a legally mandated report to Congress after Kennedy postponed its meetings indefinitely ... Kennedy is accepting nominations for open positions on the task force, and the nomination deadline is this Saturday, May 23."  MORE >>

FierceHealthcare

Benefits in General

House Committee Passes Health Care and Retirement Security Bills

"The Education and Workforce Committee passed [bills on May 21 which would] ... increase health care transparency, lower prescription drug costs, and strengthen retirement security.... [1] Form 5500 Filing Simplification Act [HR 7362] ... cuts unnecessary paperwork for retirement and employee benefit plans by simplifying federal reporting requirements and updating filing rules. [2] PBM Kickback Prohibition Act [HR 7895] cracks down on PBM kickbacks and helps ensure health plan design decisions are made in the best interest of patients and employers -- not corporate middlemen. [3] Transparency in Billing Act of 2026 [HR 8684] ... increases transparency for workers and families by requiring hospitals to bill honestly about where services are being provided."  MORE >>

Committee on Education and the Workforce, U.S. House of Representatives

Employers, Workers, and the New World of Work (PDF)

106 pages. "[This report] provides an in-depth view of employers' organizational concerns, business practices, and health, welfare, and retirement benefit offerings. The report compares employer perceptions versus worker realities, and it breaks down survey findings by company size. It also discusses best practices and outlines recommendations for employers."  MORE >>

Transamerica Institute

Webinars, Podcasts and Conferences
(Health & Welfare Plans)

Let’s Continue to Talk About COBRA

ON-DEMAND WEBINAR

NFP Corp.

ERISA & Disability – Time to Update Your Plans!

June 4, 2026 WEBINAR

Disability Management Employer Coalition [DMEC]

Last Issue's Most Popular Items

The Cafeteria Plan 'Uniform' Rules

Newfront

Summer Interns, Year-Round Risks: ACA Classification Traps

Baker Donelson

IRS Fact Sheet: Issuer Disclosures for Certified Long-Term Care Insurance

Internal Revenue Service [IRS]

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BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.

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